Role of Cyber Law in Divorce Cases by Dr Sapna Sukrut Deo
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Social media use can negatively impact marital relationships in several ways: 1. Excessive social media use reduces face-to-face communication between spouses and increases the communication gap. 2. Partners may develop unrealistic expectations of each other from only seeing curated versions of lives on social media. 3. Late night chatting/messaging with others on platforms like WhatsApp or maintaining virtual relationships can breed mistrust and conflict. 4. Addiction to social media and internet use has been cited in divorce petitions with couples spending more time online than with each other. 5. Privacy issues around social media use and refusal to share account access has led to divorces due to lack of transparency and trust.
Role of Cyber Law in Divorce Cases by Dr Sapna Sukrut Deo
- 1. Influence of social media in marital life and its resolution Dr.Sapna Sukrut Deo Cyber Consultant B.S.L, LL.M,Ph.D,D.C.L
- 2. Counselling Counselling is an act which involves professional guidance to a person who seeks advice or guidance to resolve personal problems or some emotional conflict
- 3. • Counselling provides great support in times of crisis or change. This is a collaborative effort between the counselor and the client. • Almost everyone faces challenges and difficulties in their life at some point in the time of their life. • Stress over a job, anxiety over uncertain future, loss of near and dear, problems over addiction or difficulties in a relationship are some of the reasons which make people take a professional Counsellor's help.
- 4. Benefits of counselling • Counselling helps in identifying the root cause of the problem, be it behavioral or familial or social. Deliberating, discussing and exchanging ideas helps in problem-solving. • Arriving at conflict resolution, reconciliation, made easier through anger management counseling. • Disputes are resolved through improved and guided interpersonal communication and face to face talks. • Suicidal tendencies and divorces can be avoided through stress management and self-help techniques provided by the counsellor.
- 5. • The innate human potential is drawn out through individual counselling helping in individual growth and boosts his self- confidence and self-esteem thereby aiding in personality development. • Counselling is the service offered to the client who is undergoing some trauma or facing a problem and needs professional help from an experienced and able counsellor. • Counselling provides therapeutic healing through creating awareness and understanding of one’s own inner turmoil and conflicts and enhancing coping skills by instilling self- confidence. • Here psychological issues like anxiety, depression and low self-esteem are handled well and treated through the able guidance of a counsellor.
- 6. The Effects of Social Media Addiction
- 9. Signs and Symptoms of an Social media Addiction • administer to the client by a proctor. These items include statements such as: • How often do you find that you stay online longer than you intended? • How often do others in your life complain to you about the amount of time you spend online? • How often do you find yourself anticipating when you will go online again? • Clients can answer with one of these 5 responses: Not Applicable, Rarely, Occasionally, Frequently, Often, and Always. Each answer has a numerical value assigned to it.
- 10. 8 characteristics that described having an internet use disorder. 1. Is preoccupied with the internet (thinks about previous online activity or anticipates next online session). 2. Needs to use the internet with increasing amounts of time in order to achieve satisfaction. 3. Has made unsuccessful efforts to control, cut back, or stop internet use. 4. Has stayed online longer than originally intended. 5. Is restless, moody, depressed, or irritable when attempting to cut down or stop internet use. 6. Has jeopardized or risked the loss of a significant relationship, job, or educational or career opportunity because of the internet. 7. Has lied to family members, therapist, or others to conceal the extent of involvement with the internet. 8. Uses the internet as a way of escaping from problems or of relieving a dysphoric mood (e.g., feelings of helplessness, guilt, anxiety, depression).
- 11. • Depression symptoms increase because your brain stops producing “happy chemicals.” Soon the only way you feel happy is from social media. • Self-esteem decreases because you’re constantly comparing yourself to other people. You’re only seeing a filtered version of their lives, but that doesn’t stop the grass-is-greener mentality. • You become socially isolated because you’re disconnected from the real world. The augmented reality you see online becomes more desirable than spending time with friends and family. • Work productivity dwindles because your mind is constantly elsewhere. You may even break the rules at work just to check your accounts. • You begin assigning value to your life based on other people’s opinions. The number of likes and positive comments you receive dictate your actions moving forward. • You lose sleep at night thinking about social media or checking your phone for messages. This leads to sleep deprivation, which makes you irritable and fatigued the following day.
- 12. Take a 30 Day Break from Social Media • Some research shows that habits are formed after 21 days. • Limit Your Access to One Device • Don’t let anything come between you and your productivity. • Set Times for Social Media Access • Work with an Addiction Counselor to Control Future Temptations • The process is similar to other addiction recovery programs, but it focuses heavily on “Why?” Why do you feel the need to get approval from others? Why does the internet feel safer than real world events at times? Get to the root cause of your addiction and tackle it head-first, all with the help of an experienced addiction therapist.
- 13. Counsellor and his role in various fields Legal Counselor: Marriage Counselor: helps to improve husband and wife relations and develop understanding between them, providing trust counselling to the couple to resolve their disputes and refrain from taking a divorce. Student Counselor helps to improve the grades of students, to eliminate exam fear, to help them in managing stress levels during student life, to teach them effective time management. Rehabilitation Counselor They help the drug addicts, alcoholics, criminals out on parole, victims of rape, just released from jail persons, post-trauma case victims, prostitutes, juvenile delinquents, who need to be rehabilitated into society or their homes and families or into job milieu
- 14. • Genetic counselor: Any disease is better prevented than suffered. To avoid passing of the genetic disorders and transmittable diseases to future generations or their kids during pregnancy, necessary precautions are to be taken on the advice of a genetic counselor. • Career Counselor: helps in choosing a career when one is just out of high school and stands at the crossroads of their career and future.
- 15. • Addictive disorders are a group of disorders that can cause physical and psychological damage. Receiving treatment is essential for breaking the cycle of addiction.
- 17. Social Media
- 18. • “Earlier the reason of matrimonial disputes was dowry, family arguments and property-related matters. There was hardly any mention of social media as the reason for conflict or divorce.” • When couples spend more time on social media, communication gap becomes quite natural. Social media also make couples have unrealistic expectations from each other and when the spouse fails to meet them, they think of it as a compatibility issue.”
- 19. Crimes related to Internet EMAIL MOBILE PHONE/SMS SOCIAL MEDIA COMMON CRIMES Email spoofing Vishing : Whats App messages Cyber-stalking Defamatory emails Blue-Bugging Facebook crimes Morphing Email Bombing BlueJacking twitter crimes Voyeurism Sending threatening emails Blue Snarfing Website Cyber pornography Email hacking Phone Recording Defamation Sending malicious codes through email Prank calls Cyberbullying Dr.Sapna Sukrut Deo 19
- 20. Common issues and challenges INTERNET CRIMES DONE BY SPOUSE • Excessive use of Social Media • Facebook crimes • Whats app and status issues like Latenight chatting • Prank calls • Violation of Privacy • Inappropriate social media Post • Live –in relationships to Virtual relationship WITHOUT PERMISSION OF SPOUSE • Call recordings • Phone Tapping • HIDDEN CAMERA IN BEDROOM • Sharing private photo • Morphing • Creating fake account • Using bank account This internet addiction affects family or individual relationships
- 21. Case Study 1. Knock the door A woman from Mumbai sought a ban on pornographic sites 2. Narendra Singh has also contended that his wife would chat on WhatsApp until late nights with her male friends and it perturbed him
- 22. 1. Can Excessive Social Networking Harm Marriages? • "He loves Facebook more than he loves me!“ • Divorcing for Drug Addiction moves to NET addiction 1. Man drags wife to court for divorce over her social media addiction 2. Woman files petition in Supreme Court over husband's pornography .. 3. Use of Phone in kitchen and Bathroom 4. Spending minimum 10 hours for Job and remaining time on phone: Growth of Children
- 23. Every healthy relationship is built on a foundation of honesty and trust • 3. Cell Phone Privacy in Marriage: Give Spouse Full Access • “I’m not giving you full access to myself. There are secrets I don’t want to tell you, behaviors I don’t want to reveal to you or activities I don’t want to share with you.” • The healthiest couples value transparency over personal privacy.
- 24. Why People Do It • There are trust issues. • There is a lack of communication or problems with intimacy. • Partners are insecure or suspect there may be infidelity. • Does your partner have a history of lying and cheating? Has he or she given you a reason to think they might be hiding something? • So, Is It Ever OK? “It is an invasion of privacy and property,”
- 25. • Even loving partners need space.We want to share every experience Not everything has to be shared, and not all that is mine is yours. For me to maintain my dignity and my identity, I need to protect a certain level of privacy, a domain that is mine and mine alone.
- 26. • 4. Divorce for breach of privacy when email is hacked • Sensational case of Vinod Kaushik vs Madhvika Joshi came up, the issue of alleged hacking of e-mail of husband and father-in-law by daughter-in-law came to limelight.
- 27. ‘Honey, you don’t reply to my Whatsapp messages’ • 5. WhatsApp feature can make or break relationships • ignoring Whatsapp messages – a ground for divorce?
- 28. • the wife claimed that she didn’t want to spend her life with a man who couldn’t keep his promises, which means the only real option she has is Salman Khan. Ek baar jo maine commitment kar di, fir main apne aap ki bhi nahi sunta. • Saudi man divorces wife for ignoring his Whatsapp messages
- 29. • 6. Husband facing five years in jail after hacking wife's email ?
- 30. • “When couples spend more time on social media, communication gap becomes quite natural. Social media also make couples have unrealistic expectations from each other and when the spouse fails to meet them, they think of it as a compatibility issue.”
- 31. 2. Facebook Crime 1. Creating fake account 2. Defamation 3. Harassment 4. identity theft 5. Cheating by personation 6. Sharing photos
- 32. 3. WhatsApp Blamed for Increased Divorce Rates • Late night chatting • Sharing video and photos on WhatsApp a crime? Bathing –video calls • Sexual abuse and child pornography • Videos of spouse in embarrassing incidents on status of whats app • Commit Adultery • have no sexual relationship • humiliating or treating your spouse badly
- 34. 4.Prank Calls • Harassment through unwanted telephone calls. • Sometimes spouse prankster? • Making spoof calls to extort money • Spoofing is a process of changing the caller ID to any number .. •
- 35. • Save the Harassment Data: • . Get Your Cell Phone Records • Compile All Evidence: • Have your own copy: • Include Your Contact Information: • Go to the Police:
- 36. 5.Violation of privacy • Divorce for breach of privacy when email is hacked • Unauthorized access of email to gather evidence • Vinod Kaushik vs Madhvika Joshi came up, the issue of alleged hacking of e-mail of husband and father-in-law by daughter-in-law came to limelight. The father-son duo alleged that their daughter-in-law did so to support her dowry case she had earlier filed separately with the Pune police, when the couple was staying in Pune.
- 37. • Phone-Tapping And Recording Of A Phone Conversation By A Private Party: Issues Relating To Legality And Admissibility...
- 38. Tapping of conversation between husband and wife • In the case of Rayala M. Bhuvaneswari vs Nagaphanender Rayala AIR 2008 AP 98 the Hon'ble High Court of Andhra Pradesh held that the act of tapping itself by the husband of the conversation of his wife with others was illegal and it infringed the right of privacy of the wife. In this case the husband was recording the conversations of his wife
- 39. Rajalakshmi M. Bhuvaneshwari v Nagaphomendar Rayala, AIR 2008 AP 98 • The husband demanded the phone recordings of his wife with another man in order to prove her illegal relationship with that man but the wife denied. The court held that neither the husband can demand such thing nor can he tap her phone as it is violative of her right to privacy and marriage does not give unreasonable privilege to do such an act
- 40. The Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009 • define 'intercept' and 'interception device' as follows: • ** • "intercept" with its grammatical variations and cognate expressions, means the aural or other acquisition of the contents of any information through the use of means, including an interception device, so as to make some or all of the contents of a information available to a person other than the sender or recipient or intended recipient of that communication and includes – • Monitoring of an such information by means of a monitoring device • Viewing, examination or inspection of the contents of any direct or indirect information; and • Diversion of any direct or indirect information from its intended destination to any other destination.
- 41. • "interception device" means any electronic, mechanical, electro- mechanical, electro-magnetic or optical or other instrument, device, equipment or apparatus which is used or can be used, whether by itself or in combination with any other instrument, device, equipment or apparatus, to intercept an information; and any reference to an interception device, includes, where applicable, a reference to monitoring device;
- 42. JUSTICE K.S. PUTTASWAMY (RETD.) AND ANOTHER .....PETITIONER(S) VERSUS UNION OF INDIA AND OTHERS • It is better to be unique than the best. Because, being the best makes you the number one, but being unique makes you the only one.
- 43. ONLINE proceedings IN DIVORCE Rahul Kone v Janhavi ... Karnataka HC 2018 • Santhini v Vijaya Venkatesh in October 2017. The decision also held that family court can allow video–conferencing during trial as well, after failure of settlement. However, the court disapproved the use of video-conferencing during settlement proce... The majority decision of CJI Justice Dipak Misra and Justice Khanwilkar observed that video- conferencing may create a dent in the settlement proceedings and overruled the decision in Krishna Veni Nagam v Harish Nagam, which had held that whenever one... make a request for video conferencing it can be allowed by the Family Court. Justice Chandrachud dissented from the majority decision, observing that family courts have the flexibility to decide its own procedure, and video- conferencing ought to be ... encouraged even in settlement proceedings....
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- 45. Vishing • Vishing is the act of using the telephone in an attempt to scam the user into surrendering private information that will be used for identity theft. The scammer usually pretends to be a legitimate business, and fools the victim into thinking he or she will profit. • Purpose :To extract sensitive information from the victim, by means of social engineering. • Cheating by personation. • Identity theft Dr.Sapna Sukrut Deo 45
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- 47. • This attack involves the virtual takeover of the victim’s phone by performing a backdoor mechanism. • A backdoor is generally performed by a developer in the case of troubleshooting a problem, but this mechanism is also performed by attackers to gain access into the victim’s device by bypassing the security mechanism. Dr.Sapna Sukrut Deo 47
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- 49. • It is a milder version of Blue bugging, it involves sending anonymous, unwanted messages to other users with Bluetooth-enabled mobile phones. • A Bluejacker uses a feature originally intended for exchanging contact details or Electronic-Business cards. The attacker adds a new entry in the address book, types in a message and sends it via Bluetooth Dr.Sapna Sukrut Deo 49
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- 51. Bluesnarfing • is the theft of data from a Bluetooth phone. The attacker, just by running the right software on their laptop, can discover the nearby phone, connect to it without confirmation and download confidential data. Even by turning off the Bluetooth a potential victim cannot be safe from being Bluesnarfed. As a device in hidden state may also be Bluesnarfable by guessing the device’s MAC address via a brute force attack. Dr.Sapna Sukrut Deo 51
- 52. • Widened introspection of Section 2(i) of the Information and Technology Act, 2000, makes mobile phones fall within the definition of word “computer”, as mobile phones are used for exchanging of information. Section 2(r) of the Information and Technology Act, 2000 defines “electronic form” as any information generated, sent, received or saved in any media, optical, magnetic, computer memory, micro film, micro fiche or relatable form. Therefore, information exchanged on mobile phones in whatever form it may be in, falls within the ambit of the Information and Technology Act, 2000. Sections 294, 504, 506, 507 and 509 of the Indian Penal Code, 1860, lays down legal provisions for those expressing offensive feelings by means of mobile phone or computer. • Section 67(a) of the Information and Technology Act, lays down provisions for punishment against publication or spreading of materials containing sexually active acts, etc., in electronic form. Similarly, Sections 292, 292(a) of the Indian Penal Code, 1860, also lays down punishment on initial conviction for imprisonment and also fine. Thus, legal provisions along with established legislations have played a major role towards, curbing increasing crime rates being committed over mobile phones. Dr.Sapna Sukrut Deo 52
- 53. Best Social Media Monitoring Tools for Parents • 1. FamiGuard • This app for parents allows them to block social medias. • Block games or inappropriate apps in category. • Get app activity summary of your child's device. • Set time limits for your child in app usage. • The most reliable app that gives automatic alerts on geofence. • Real time location tracking is fully supported with this parental control app. • With the web filter feature of this powerful tool you can allow or block websites to ensure safe browsing over your kid's device. • Moreover, screen time limiting and web content filtering is purely allowed.
- 55. 2. KidLogger KidLogger lets you know: how long your Kid is working on the PC; which apps were used; (Android, Windows, MAC) which websites were visited;(Android, Windows, MAC) with whom he or she communicated (phone, SMS, Skype, Facebook);(Android) where was been;(Android, iPhone) what photos made; (Android) and what wrote to friends(Android, Windows, MAC)
- 56. How Social media affecting in Marriages Dr.Sapna Sukrut Deo 56
- 57. • “Be you ever so high, the law is above you.” - Lord Denning
- 58. • In Rajalakshmi M. Bhuvaneshwari v. Nagaphomendar Rayala,6 the husband demanded the phone recordings of his wife with another man in order to prove her illegal relationship with that man but the wife denied. The court held that neither the husband can demand such thing nor can he tap her phone as it is violative of her right to privacy and marriage does not give unreasonable privilege to do such an act.